Q&As

A residential property is let as a six-month assured shorthold tenancy (AST). If the landlord wishes to now occupy a self-contained unit within part of the property, are they able to enter into a new AST with the tenants?

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Published by a UUÂãÁÄÖ±²¥ Property Disputes expert
Published on: 02 May 2018
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Resident landlord

A landlord who lets part of his home to a tenant is a ‘resident landlord'. This type of tenancy, subject to various conditions, is outside the protection of the Housing Act 1988 (HA 1988) (see Practice Note: Assured and assured shorthold tenancies—terminating and HA 1988, Sch 1, Pt I, para 10) as the intention is to give a resident landlord stronger rights than the average landlord letting under an assured tenancy (AT). The tenancy operates under common law rules and cannot be assured or assured shorthold tenancy (AST). This rule normally applies to converted houses (including those divided up into flats). The landlord does not need to share any accommodation with the occupier to qualify for resident landlord status. It is enough that both landlord and tenant live in the same building. For further guidance, see: Residential tenancies—overview and Private residential

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United Kingdom
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Key definition:
Assured shorthold tenancy definition
What does Assured shorthold tenancy mean?

The most frequently used tenancy agreement in the letting of residential properties to private tenants. These agreements are regulated by the Housing Act 1988.

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